and ) CASE NO. 75-048
) PERC CASE NO. 8H-RC-743-0006 WEST PALM BEACH CITY EMPLOYEES )
Public Employer. )
Pursuant to notice, the Division of Administrative Hearings by its duly designated hearing officer, K. N. Ayers, held a public hearing in the above styled cause on May 19, 1975 and August 7, 1975 in West Palm Beach, Florida.
Frank E. Hamilton III, 100 South Orange Avenue Station 309, Orlando, Florida, 32801, representing Petitioner
John M. Calloway, 1528 South Federal Highway, Lake Worth, Florida 33460, and
Thomas Panza, Esquire, 3045 North Federal Highway, Ft.
Lauderdale, Florida, representing West Palm Beach City Employees Benevolent Association, Inc. for the Intervenor
James L. Watt, City Attorney, Post Office Box 3366 West Palm Beach, Florida, and
Peter J. Hurtgen, Esquire, 1819 H Street, Northwest, Washington, D. C. 20006, representing the Public Employer
By this Petition as amended at the hearing, the International Brotherhood of Firemen and Oilers, AFL-CIO, Local number 5 (Petitioner) seeks certification as the exclusive bargaining agent for the employees of the City of West Palm Beach, less clerical personnel, and excluding therefrom all sworn police officers, all members of the fire department and all managerial and confidential employees. The intervenor, West Palm Beach City Employees
Benevolent Association, Inc. seeks to represent all public employees of the City of West Palm Beach as listed on Exhibit 6, exclusive of the sworn officers of the police department and the members of the City Firefighting Department.
Petitioner's motion to deny the intervention of West Palm Beach City Employees Benevolent Association, Inc. was denied.
The parties stipulated that the Petitioner and the Intervenor are employee organizations, and that the City of West Palm Beach is a public employer, all as defined in Chapter 447 of Florida Statutes. At the beginning of the hearing Exhibit 1, the petition of International Brotherhood of Firemen and Oilers, AFL-CIO Local number 5, was admitted into evidence. The amendment to the petition of the Local number 5 was admitted into evidence as Exhibit 1A. It is to be noted that the petition was subsequently amended to include all personnel except the clerical personnel and those others excluded from both proposed bargaining units. Exhibit 2, Affidavit of Compliance of Registration of Employer Organization of IBFO number 5, Exhibit 3, Affidavit of Compliance for Required Showing of Interest of the Petitioner, and Exhibit 4, the petition for Recognition for Certification of Representation filed by the West Palm Beach City Employees Benevolent Association, Inc. (Intervenor) were admitted into evidence.
Initially the City and the Intervenor took the position that the appropriate bargaining unit would consist of all employees other than those excluded as managerial, confidential, and professional employees of the City of West Palm Beach, excluding therefrom the sworn officers of the police department and the fire department personnel. The original petition as filed by the petitioner was for a bargaining unit to include all eligible employees in the Street, Water and Sewer, Sanitation, Parks and Recreation, Garage and Maintenance Divisions of the City. To be excluded therefrom were all clerical and management personnel. As the hearing progressed, the petitioner amended its petition to include all personnel except those herein before referred to as to be excluded. Near the close of the hearing the public employer filed an application for designation of managerial and confidential employees, which was admitted into evidence as Exhibit 14. Job titles of managerial and confidential positions had previously been admitted into evidence as Exhibit 5. The objection of the intervenor that the petition was not timely filed was overruled. Thereafter testimony was taken with respect to the duties and functions of the individuals listed on Exhibit 14, Application for Designation of Managerial and Confidential employees. Although the testimony respecting the designations of managerial and confidential employees occurred near the close of the proceedings, for clarification, this issue will be considered first. The names of the employees with job title and type exclusion requested follows:
Richard G. Simmons, City Manager, managerial. He is the chief executive officer of the City, and is in charge of all basic departments under a city manager-city council form of government. All department heads report to Mr. Simmons. He promulgates policies applicable throughout the city, prepares and approves budget, etc.
Paul J. Nicoletti, Administrative Assistant to the City Manager, confidential. Mr. Nicoletti acts as City Manager during the absence of the City Manager, and has been so designated by the council to do so. Accordingly, he would make policy decisions and policies that were applicable throughout the bargaining unit, he would assist in the preparation and conduct of negotiations for collective bargaining and in administering the agreements that result from collective bargaining. He would also be involved in the preparation and
assimilation of the budget. These appear to be managerial duties rather than confidential.
Ronald Davis, Administrative Assistant to City Manager, confidential. Mr. Davis' duties consist of many of those duties that are performed by Mr. Nicoletti; however, he is not designated to be City Manager during the absence of Mr. Simmons. He would be involved in and privy to, the information prepared by the city with respect to collective bargaining.
Ray Holland, Administrative Secretary to City Manager, confidential. She would be involved in typing position papers for the city in collective bargaining, and privy to all of the city's positions in this regard.
Phina Sisson, Secretary I and Adrienne Hall, Clerk Typist II in the City Manager's Office, confidential. Phina Sessions and Adrienne Hall would be involved in typing position papers, therefore privy to the city's bargaining position with respect to collective bargaining agreements.
William Jeter, EDP Systems Analyst, managerial. Mr. Jeter promulgates policies with respect to submitting reports and information to the electronic data processing systems that are applicable to all divisions in the city.
John B. D'Ippolito, Director of Finance, managerial. Mr. D'Ippolito is involved in preparing the budget for the city. He promulgates policies with respect to the Finance Department and the administration of the financial activities of the city that are applicable throughout the bargaining unit. For example, he promulgates directive with respect to purchasing and procedures for carrying out these purchases that are applicable throughout the bargaining unit.
Diane Parkinson, Accounting Clerk II, Finance Department, confidential. She has access to all financial records of the city.
David Wood, Internal Auditor, Finance Department, confidential. His duties include all internal audits of the city where he would be privy to all financial information pertaining to the city.
G. M. Bud Schmitt, Labor Relations Officer, for the City of West Palm Beach, confidential. He is in charge of all negotiations and bargaining with the unit, therefore he would have a substantial role in the conduct of negotiations and in carrying out bargaining agreements. These duties appear more of a managerial than confidential nature.
Alicia M. Sweeting, Clerk Typist II, is the secretary to Mr. Schmitt, confidential. As the secretary to the Labor Relations Officer, she would type position papers of the city with respect to collective bargaining and offers of collective bargaining.
Peter Vassel, Director of Purchasing for the City, managerial. Mr. Vassel promulgates purchasing policies applicable throughout the bargaining unit. It is unlikely that he would be involved in collective bargaining or in carrying out those agreements. However, by virtue of his position as the Director of Purchasing he has authority to bind the city to contracts.
James L. Watt, City Attorney; Charles Schoech, Assistant City Attorney; and Judy Smith, Assistant City Attorney, confidential. They are advisors to the city on the law with respect to collective bargaining and
negotiations and would, of necessity, be privy to the city's bargaining positions.
Mary Nance, Secretary and Cecelia Lennox, Clerk Typist II City Attorney's Office, confidential. These two ladies will be privy to position papers of the city with respect to collective bargaining.
Anita Spearman, City Clerk for the City of West Palm Beach, managerial. As City Clerk she is responsible for all of the functions of the city clerk's office and promulgates policies pertaining to the operation of the city clerk's office that are applicable throughout the bargaining unit. She has the authority to hire and fire personnel in her department, which comprises some
25 to 30 people. She would be responsible for carrying out the collective bargaining agreements that would be negotiated by the city at least insofar as her employees are concerned.
Norman L. Good, Director of Personnel of the City of West Beach, managerial. As Director of Personnel, Mr. Good is involved promulgating personnel policies that are applicable throughout the bargaining unit. He is also on the overall budget review board for the city. He would be involved in preparing for the conduct of negotiations and in conducting negotiations for collective bargaining and in carrying out all collective bargaining agreements.
Rose Herschner, Personnel Technician in the Personnel Department, confidential. Her function is to assist the Director of Personnel, to prepare various personnel job descriptions, and maintain files on personnel disciplinary actions.
Virginia Slinkard, Administrative Aide in the Personnel Department, confidential. Her duties as Administrative Aide to the Director of Personnel make her privy to all bargaining positions of the city.
Vivian Hall, Clerk Typist II in the Personnel Department, confidential. She would be privy to the bargaining position of the city in all collective bargaining positions as Secretary to Mr. Good.
Oris McGuire, Director of Planning, managerial. As Director of Planning Mr. McGuire promulgates policies pertaining to the future plans of the city that would be applicable throughout the bargaining unit. He would also prepare budgets necessary for carrying out the planning directives that are approved.
Ronald Schutta, Traffic Engineer for the City of West Palm Beach and Jerry Ingram, Assistant Traffic Engineer, managerial. Mr. Schutta, is head of the Traffic Engineering Division and would be the one who would make a determination regarding the installation of traffic signals, traffic signs, and other traffic policies that would be applicable throughout the City of West Palm Beach. Mr. Ingram is the Assistant Traffic Engineer and performs many of the above functions by delegation of authority from Mr. Schutta. In addition, he acts as traffic engineer during the absence of Mr. Schutta.
Bessie Tibbetts, Secretary II in the Traffic Engineering Department, confidential. As secretary to Mr. Schutta and Mr. Ingram she has access to various bargaining position papers that would be prepared by the city and circulated to their department heads pertaining to labor negotiations.
Reece Bickerton, Superintendent of Public Works, managerial. The Public Works Department is the largest department of the City of West Palm Beach and contains some 160-175 employees. Mr. Bickerton promulgates policies that are applicable throughout the bargaining unit and would be involved in preparation of bargaining positions and the conduct of collective bargaining as well as the implementing the collective bargaining agreements once they have been promulgated. He prepares a budget of several million dollars involving the Public Works Department and is responsible for the efficient expenditure of such funds.
Ben Neighbors, Assistant Superintendent of Public Works, managerial. He performs many of the functions performed by Mr. Bickerton and acts as Superintendent of Public Works in Mr. Bickerton's absence.
Mary Conover, Administrative Aide in the Department of Public Works, confidential. Her position would make her privy to the position of the city with respect to collective bargaining, and in carrying out collective bargaining agreements.
Sam Melisi, Superintendent Mechanical Maintenance Department, managerial. As Superintendent of Mechanical Maintenance, he promulgates policies pertaining to servicing of vehicles and replacement of vehicles that would be applicable throughout the bargaining unit. He would also be involved in collective bargaining and in the preparation of positions for the City with respect to collective bargaining. He prepares the budget for the mechanical Maintenance Department.
William Goodloe, Director of Engineering in the Engineering Department, managerial. As head of the Engineering Department, he promulgates policies pertaining to various engineering projects that would have application throughout the bargaining unit. He is involved in the preparation of the budget for the Engineering Department.
James Bowser, Administrative Assistant and Irma Snead, Administrative Secretary in the Department of Engineering, confidential. Both of these people would have access to all information pertaining to the Engineering Department, as well as to information pertaining to the City's collective bargaining positions during negotiations.
Joseph Hughes, Director of Building and Zoning, managerial. As the building and zoning director, Mr. Hughes would promulgate policies pertaining to the inspection periods for various buildings that would be applicable throughout the city of West Palm Beach. He would also have a large influence with regard to the zoning ordinances that would have a significant impact upon the entire city of West Palm Beach. Many of his functions involve the exercise of independent judgment.
Gladys Whittenberg, Secretary II in the Building and Zoning Department, confidential. As secretary to Mr. Hughes she has access to various positions of the city with respect to all zoning laws, proposed zoning laws and ordinances, as well as the position of the city with respect to collective bargaining which would be circulated to the various division heads during collective bargaining negotiations.
Ralph Boyes, Auditorium Manager, Rod McCallum, Assistant Auditorium Manager, and William Keefe, Administrative Assistant in this department, managerial. Mr. Boyes is in charge of the auditorium, and as such contracts
with various promoters for programs to be put on at the auditorium. He is involved in contract negotiations as the city's representative for considerable sums of money, and is in a position to bind the city to these contracts. Mr.
McCallum, as the Assistant Auditorium Manager, assists Mr. Boyd in carrying out these various negotiations and is designated by Mr. Boyd to act in his stead with respect to many of the negotiations. Mr. Keefe is basically in charge of the box office section of the auditorium. He would be privy to the position papers of the city with respect to collective bargaining positions. Trudy Cantley, Secretary II in this department, confidential. She would be privy to all information relative to collective bargaining circulating to and from the auditorium manager's office.
Clarence Hunsinger, Superintendent of Recreation, managerial. Mr. Hunsinger promulgates policies with respect to the type of courses that will be offered at the various recreation facilities, the types of events that will be carried on at the various facilities, and he is in charge of the personnel of the Recreation Department. His involvement in the collective bargaining process involving the city would be limited, but he would have access to this information.
Peggy Vassel, Secretary II in the Recreation Department, confidential. She would have access to the position papers of the city with respect to collective bargaining.
John Vannette, Superintendent of Parks, managerial. As Superintendent of Parks he promulgates policies with respect to this department that have application throughout the bargaining unit. He is responsible for the maintenance of all the recreation facilities, the direction of personnel in the department, the hiring and firing of these personnel, as well as preparing a budget for the Parks Department. He would be involved in the preparation of the position of the city with respect to collective bargaining insofar as the personnel of the Parks Department is concerned.
Dorothy Mayer, Administrative Aide in the Parks Department, confidential. As Administrative Aide to the Superintendent of Parks she would be privy to the position of the city with respect to collective bargaining.
John Hillis, Chief Librarian, managerial. Mr. Hillis is in charge of the library and as such exercises a great deal of independent judgment with respect to the operation of the library, the books and publications that are available at the library, and many other functions that involve the exercise of independent judgment in operating the library. In view of his professional qualifications it is unlikely that anyone would attempt to override his recommendations with respect to the operation of the library.
John Simmons, Director of Utilities in the Water and Sewer Department, managerial. The Water and Sewer Department is one of the largest departments in the City of West Palm Beach, and Mr. Simmons promulgates policies that have application throughout the bargaining unit. He would be involved in the collective bargaining or would have input into the collective bargaining with respect to many of the personnel involved in the Utilities Department. In view of the size of the department he would have a significant role in administering the collective bargaining agreements. He prepares a large budget involving the Water and Sewer Department.
Gladys Buchard, Secretary II in the Utilities, Water and Sewer Department, confidential. As secretary to Mr. Simmons, she would be privy to the collective bargaining positions of the city.
Exhibit 5 entitled Managerial, Confidential, Professional and Supervisory employees was admitted into evidence. This lists by title those employees that the parties agreed would be excluded from the bargaining unit.
With respect to the categories of personnel to be included in the appropriate bargaining unit, the Petitioner contends that only those personnel who are laborers should be included. Most of the secretarial personnel and clerical personnel are not provided with a uniform whereas most of the "working" personnel are so provided. Personnel are not normally transferred between departments; however, there is a considerable amount of communication between all of these personnel. At present all personnel of the City of West Palm Beach are paid on one salary and classification plan which was introduced into evidence as Exhibit 8. This includes the job classifications and the salaries for all city employees effective October 1, 1974, and is prepared annually. All employees are divided into classified and unclassified positions. The department heads are unclassified positions. The Personnel Director is in charge of the preparation of this plan, and he obtains information from neighboring cities with respect to public employee's salaries in the vicinity and from private employees as well to insure city employees wages are comparable to others in the area. All personnel in the proposed bargaining units are shown as classified employees in the salary and classification plan. Exhibit 9 shows the salary ranges for the various job titles in the City of West Palm Beach.
Personnel in clerical positions are in daily contact with personnel in non-clerical positions. As an example, stock clerks are in daily contact with mechanics and other artificers to whom they provide supplies. Secretaries often prepare written work orders or transmit same orally to the various workmen.
They pass messages by radio and telephone to employees in the field, and they often prepare the reports for these workers when they have completed the job to which they are assigned. Traffic signal technicians are dispatched by clerical personnel.
All personnel in the bargaining unit proposed by the Intervenor and requested by the city are covered with the same basic benefits. These include leave, Workmen's Compensation, health insurance, Unemployment Compensation, access to the city's credit union, and to retirement. Clerical and manual workers work in the same building complexes. Many of the personnel proposed for inclusion in the bargaining unit proposed by the Petitioner can also be classified as clerical personnel. For example, the inspection aide is essentially a clerical position as are many of the stock clerks.
The position of the city is that it would be much better from an administrative point of view to deal with as few unions as possible. Section 447.307(4) Florida Statutes provides, inter alia, that in determining an appropriate bargaining unit the Commission shall consider (a) the principles of efficient administration of government and (b) the number of employee organizations with which the employer might have to negotiate.
Those job descriptions listed on Exhibit 6 are the positions proposed for inclusion by the Intervenor and the City of West Palm Beach in the appropriate bargaining unit. The evidence submitted indicates there is a sufficient community of interest among those job classifications listed on Exhibit 6 for them to be included in an appropriate bargaining unit.
In accordance with 447.009(3)(a) no recommendations are submitted.
ENTERED this 8th day of September, 1975 in Tallahassee, Florida.
K. N. AYERS Hearing Officer
Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida
Frank E. Hamilton III, Esquire John M. Calloway
Thomas Panza, Esquire James L. Watt, Esquire Peter J. Hurtgen, Esquire Curtis Mack
